Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-11-29

tuition. Again, it is insisted by eppellan
that appeilees purchase of SAID corn was
ultra wires, and that it cannot therefore
maintain this suit. Held: It was found
as fact By the trial judge that appellee
did not purchase and an said corn ab
solutely, but that it held the bill of lading
for the corn as collateral security for the
payment by Ayers of the money advanced
to MIN on the check drawn by him against
said corn. 1t was an ordinary and legiti
mate transaction in the conduct OF a
. banking business. We ere Of opinion
that appellee showed legal right to
maintain this suit and to recover the
Judgment in its favor. 1t is affirmed
Wilson, j.
The Thompson Drug Company VS..
Reed Root; appeal from Navarro
Suit for damages for injury to
team of hired horses by excessive
driving by their agent Hart. Held; Suit
being from Justices court, no written
pleadings to show the relations in which
the parties were sued, was required. Also
held: Under the evidence which was ad-
mitted without objection, the court did
not err in overruling the plea to the juris-
diction OF Thompson Drug Company, nor
: in finding them liable for the acts of Hart
| SIS agent, the extent and limited character
of his agency being unknown to plaintiffs.
His declaration to Kennedy when he hired
the team was that he was the sgant of
Thompson Drug Company. Judgment
aft med. Wilson, j.
Juan Navarro vs.. the State; appeal
| from Cameron. Conviction for procur-
| ing an abortion. The abortion was
charged to have been caused by q kick
given by appellant on the abdoman of his
wife. On the trial appellants wife testified
that the kick produced the abortion
Held: lnsdmissible, on the ground
that she was not qualified as an expert
This would not be reversible error, how
ever if the witness had gone on and
stated to the Jury the facts on which
she based such an opinion. This how
ever was not done. A leading question
was put TO appellants wife on the ground
that she was unwilling to testify. Held:
Where witness appears to be hostile
to the party producing him, or in the in
terest OF the other party, or unwilling to
give evidence, leading questions are
permissible. The witness did not institute
this prosecution, and it is otherwise ap-
parent, she did not wish to testify. For
error pointed, the case is reversed and
remended. Hurt, j.
Missouri Pacific Railway and Texas !
and Pacific Railway VS.. J. L. Lybrand; |
appeal from VanZsndt. Suit by appellee |
TO recover of appellant companies the |
statutory penalty of $500 for an alleged !
over charge of freight. 1t was shown |
that 400 pounds of goods were carried |
sixty-fVe miles for appellee, and the |
charges thereon were Sl8 10. Defend |
ants filed demurrer to the petition |
based upon the idea that they had @ right |
to charge for said distance so cents per
100 pounds, making the sum of $23 80,
and that it therefore appeared that from
the face of petition plaintiff was not over
charged. The demurrer was overruleG |
and the ruling is assigned as error. Hell
The statute fixes two rates-30 and so |
cents-and two distances-fifty and one
hundred miles. The unit fixed by the
statute is leo pounds, and railroad has
the right to charge for the carriage OF shy
quantity Of freight less than 100 pounds,
the same amount which it is
entitled to charge for 100 pounds
We thiuk that the statute i'm
poses no penalty for making 8
charge of 30 cents per 100 pounds for
shipments weighing over 1U0 pounds for
distances between fifty and 100 miles.
The demurrer should have been sus-
tanned. The Judgment is reversed, and
the prosecution of the case dismissed,
Hurt, j.
Robert StoCkman vs.. the State; appeal
from UValde. When the state introduced
part OF certain conversation, and the
defendant offered TO prove other parts of
the conversation, the state objecte to its
introduction on the ground that it was
hearsay. The court sustained the objec-
ton, and this is assigned &c error. Held:
Error. The evidence was admissible on
the principle that when part OF CONVEX
sation is put in evidence by one party the
whole on the same bject may be in
CURED into by the other When an act is
done toswh!ch it is necessary or import
ant to ascribe character, motive
or object, what was said by the
actor at the time, from which the
character, motive or cause may
be collected. is part Of the res gestal,
verbal acts, and may be given in evidence
whether the actor be or be not, party to
the suit, and the evidence was also adj
miseible on this principle. The court
charged the jury in effect that if q person
is found in possession Of recently stolen
property, and he fails to account for such
possession, these facts would authorize a
conviction if presumption of guilt has
arisen in the minds of the jury from such
facts Held: 1t is not for the court to
say what amount or degree of evidence is
sufficient to warrant conviction. This
would be to charge on the weight of testi-
mony, and is reversible error. Reversed
and remanded. White, P. j.
Smith ct al. VS.. the State; appeal from
Shelby. Forfeited bail bond. The uond
in requiring the principal in the bond to
appesr from day to day, ETC., is not more
erroneous than the law requires. The law
presumes that judgment nisi was entered
at term of the court. The court iu-
dicially knew it's own records. There
was no error. Affirmed. Wilson, j.
Joe Brown VS.. the State; appeal from .
Baylor; conviction for murder in the Sec
ond degree. The statement OF appellant
on the inquest trial wss introduced in
evidence over his objections. Held: 1t
was shown that he was warned before he
made any statement, and we hold that
the court did not err in permitting the |,
of the statement in evidence
There was no error. Affirmed. Wilson, J
Elk parte j. K. Stubs; application for